Who is responsible for the leak in my downstairs bathroom?

First, who is responsible for the leakage of the sewer pipe in the upstairs bathroom?

There are two reasons for water leakage, one is that the waterproof treatment is unqualified when the building is renovated upstairs, and the other is that the waterproof quality of the renovated house delivered by the developer is problematic.

When the rough house upstairs is decorated by itself, it should first inform the neighbors upstairs and ask them to deal with it as soon as possible through friendly negotiation. If the neighbors don't cooperate, they can contact the property management company, which will be responsible for communicating with the owners upstairs.

If there is water leakage in the renovated house delivered by the developer, it should inform the upstairs and contact the property management company immediately, and the property will come forward to let the developer carry out maintenance according to the warranty agreement. If the warranty period exceeds, the property owner shall be ordered to repair it himself.

If the upstairs owners refuse to cooperate with the property, they should take photos, videos and other evidence, which can be reflected to the owners' committee and community police. If it still cannot be solved, he can bring a civil lawsuit to the court according to the relevant provisions of the Civil Code.

Second, what should I do if there is water leakage in the neighbor's upstairs?

(a) may request the industry committee and the neighborhood committee for help.

The best solution to this small problem between neighbors is mediation. If you look up and don't see it, you won't blush. You can ask the neighborhood Committee for help when you encounter small things that cannot be solved through consultation.

(two) if the coordination fails, you can bring an adjacent right lawsuit.

If mediation fails, in accordance with relevant regulations, the injured party may file legal proceedings to protect rights. Article 288 of the Civil Code, the neighboring obligee of real estate shall correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.

The property owner uses the adjacent property for water use, drainage, traffic, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made. The most important thing in the prosecution is the identification of water leakage. If there is a dispute between the two parties, a professional appraisal institution can be entrusted for appraisal, and the appraisal result will become the key evidence.

3. What should I do if the water leak upstairs is not repaired?

In case of "upstairs leakage is not repaired", residents can solve it in the following ways:

(a) to live in a rental house, it is necessary to report the water leakage upstairs to the landlord in a timely manner and let the landlord handle it;

(2) If it is your own house, you need to negotiate with the residents upstairs. If negotiation fails, report to the property or neighborhood committee;

(3) Both the property and the neighborhood committee can bring a lawsuit to the court and consult a lawyer to collect relevant evidence. For your better rights protection.

Legal objectivity:

Article 1 165 of the Civil Code. If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability. Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail. Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.